Illinois Administrative Code
Title 56 - LABOR AND EMPLOYMENT
Part 200 - PAID LEAVE FOR ALL WORKERS ACT
Subpart E - ENFORCEMENT
Section 200.530 - Damages, Penalties, and Relief Due to the Employee
Universal Citation: 56 IL Admin Code ยง 200.530
Current through Register Vol. 48, No. 38, September 20, 2024
a) If the Department determines that an employer owes payment for paid leave hours to an aggrieved employee or did not allow the employee to use earned paid leave hours, then the total amount due to the aggrieved employee shall be the following:
1) Total value of earned paid leave hours
owed to the aggrieved employee;
2)
Compensatory damages;
3)
A penalty of not less than $500
and not more than $1,000; and
4)
Any equitable relief as
determined by the Administrative Law Judge pursuant to a hearing conducted
under the IAPA. [820 ILCS 192/30
]
b) When determining the amount of a penalty, the Director shall consider the following factors:
1) The gravity of the violation, including
the nature, circumstances, and extent of the violation, and the severity of the
actual or potential harm;
2) The
history of previous violations; and
3) The size of the employer, including number
of employees employed by the employer, the gross dollar volume of sales or
business done, the employer's capital investments and financial resources, and
other information relevant to the size of the employer.
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